87774 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices 

Frequency of Response: On renewal 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority which covers this information 

collection is contained in section 154(i) 

and 303 of the Communications Act of 

1934, as amended. 

Total Annual Burden: 4,436 hours. 

Total Annual Cost: $666,000. 

Needs and Uses: The Commission 

adopted on September 18, 2023, the 

Report and Order (R&O), Amendment of 

part 73 of the Commission’s Rules to 

Update Television and Class A 

Television Broadcast Station Rules, and 

Rules Applicable to All Broadcast 

Stations, MB Docket No. 22–227, FCC 

23–72. The R&O adopted a number of 

revisions to the Commission’s rules to 

reorganize and clarify the Commission’s 

technical licensing, operating, and 

interference rules for full power and 

Class A television, including a revision 

to 47 CFR 73.2080. No other changes to 

OMB Control Number 3060–0113, 

approved August 2021, been made, with 

the exception of an added description 

regarding the revision to § 73.2080. That 

description is for illustrative purposes 

only, and also does not create any new 

or modified paperwork obligations. 

OMB Control Number: 3060–0009. 

Title: FCC Form 2100, Schedule 316— 

Application for Consent to Assign 

Broadcast Station Construction Permit 

or License or Transfer Control of Entity 

Holding Broadcast Station Construction 

Permit or License. 

Form Number: FCC Form 2100, 

Schedule 316. 

Type of Review: Revision a currently 

approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions; State, local or tribal 

government. 

Number of Respondents and 

Responses: 750 respondents and 750 

responses. 

Estimated Time per Response: 1.5–4.5 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain benefits. Statutory authority for 

this collection of information is 

contained in sections 154(i) and 310(d) 

of the Communications Act of 1934, as 

amended. 

Total Annual Burden: 1,231 hours. 

Total Annual Cost: $711,150. 

Needs and Uses: The Commission 

adopted on September 18, 2023, the 

Report and Order (R&O), Amendment of 

part 73 of the Commission’s Rules to 

Update Television and Class A 

Television Broadcast Station Rules, and 

Rules Applicable to All Broadcast 

Stations, MB Docket No. 22–227, FCC 

23–72. The R&O adopted a number of 

revisions to the Commission’s rules to 

reorganize and clarify the Commission’s 

technical licensing, operating, and 

interference rules for full power and 

Class A television, including revisions 

to 47 CFR 73.3540 to update the 

reference to FCC Form 2100, Schedule 

316. For informational purposes, the 

Commission also will update reference 

in 47 CFR 73.3540 to FCC Form 2100, 

Schedules 314 and 315 covered under 

OMB 3060–0031 and FCC Form 2100, 

Schedule 345 covered under 3060–0075. 

The Commission will not revise these 

collections because only the reference to 

the forms will be updated. We are 

noting this in this collection. The 

revision to this information collection is 

made for informational purposes only, 

and does not create new or modify 

existing burdens. Other information 

collection requirements that are covered 

under this collection have not changed 

since last approved by the Office of 

Management and Budget (OMB). 

OMB Control Number: 3060–0991. 

Title: AM Measurement Data. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 1,800 respondents; 3,135 

responses. 

Estimated Hours per Response: 0.50– 

25 hours. 

Frequency of Response: 

Recordkeeping requirement, Third party 

disclosure requirement, On occasion 

reporting requirement. 

Total Annual Burden: 20,200 hours. 

Total Annual Cost: $1,131,500. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in sections 

151, 152, 154(i), 303, and 307 of the 

Communications Act of 1934, as 

amended. 

Needs and Uses: In order to control 

interference between stations and assure 

adequate community coverage, AM 

stations must conduct various 

engineering measurements to 

demonstrate that the antenna system 

operates as authorized. The data is used 

by station engineers to correct the 

operating parameters of the antenna. 

The data is also used by FCC staff in 

field investigations to ensure that 

stations are in compliance with the 

technical requirements of the 

Commission’s various rules. 

OMB Control Number: 3060–1171. 

Title: Commercial Advertisement 

Loudness Mitigation (‘‘CALM’’) Act; 

73.682(e) and 76.607(a). 

Form Number: Not applicable. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 2,937 respondents and 4,868 

responses. 

Frequency of Response: 

Recordkeeping requirement; Third party 

disclosure requirement; On occasion 

reporting requirement. 

Estimated Time per Response: 0.25– 

80 hours. 

Total Annual Burden: 6,036 hours. 

Total Annual Cost: No cost. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

151, 152, 154(i) and (j), 303(r) and 621. 

Needs and Uses: The Commission 

will use this information to determine 

compliance with the CALM Act. The 

CALM Act mandates that the 

Commission make the Advanced 

Television 

Systems Committee (‘‘ATSC’’) A/85 

Recommended Practice mandatory for 

all commercial TV stations and cable/ 

multichannel video programming 

distributors (MVPDs). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–27810 Filed 12–18–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 191808] 

Privacy Act System of Records 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: The Federal Communications 

Commission (FCC, Commission, or 

Agency) proposes to modify an existing 

system of records, FCC/OS–1, Electronic 

Comment Filing System (ECFS), subject 

to the Privacy Act of 1974, as amended. 

This action is necessary to meet the 

requirements of the Privacy Act to 

publish in the Federal Register notice of 

the existence and character of records 

maintained by the agency. The 

Commission uses this system to handle 

and process public comments related to 

FCC rulemakings and other proceedings. 

This modification makes various 


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Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices 87775 

necessary changes to the Categories of 

Records and identifies a new FCC point 

of contact. 

DATES: This modified system of records 

will become effective on December 19, 

2023. Written comments on the routine 

uses are due by January 18, 2024. The 

routine uses in this action will become 

effective on January 18, 2024 unless 

comments are received that require a 

contrary determination. 

ADDRESSES: Send comments to Brendan 

McTaggart, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554 or privacy@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brendan McTaggart, (202) 418–1738, or 

privacy@fcc.gov (and to obtain a copy of 

the Narrative Statement and the 

Supplementary Document, which 

include details of the proposed 

alterations to this system of records). 

SUPPLEMENTARY INFORMATION: As 

required by the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a(e)(4) and 

(e)(11), this document sets forth notice 

of the proposed modification of a 

system of records maintained by the 

FCC. The FCC previously provided 

notice of the system of records, FCC/ 

OS–1 by publication in the Federal 

Register on October 5, 2023 (88 FR 

69180). 

The substantive changes and 

modifications to the previously 

published version of the FCC/OS–1 

system of records include: 

1. Modifying the language in the 

Categories of Records to be more 

specific about the types of personally 

identifiable information maintained in 

the system. 

2. Updating the name of the FCC 

point of contact. 

SYSTEM NAME AND NUMBER: 

FCC/OS–1, Electronic Comment 

Filing System (ECFS). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Office of the Secretary, Federal 

Communications Commission, 45 L 

Street NE, Washington, DC 20554 and 

1270 Fairfield Road, Gettysburg, PA 

17325. 

SYSTEM MANAGER: 

Office of the Secretary, Federal 

Communications Commission (FCC), 45 

L Street NE, Washington, DC 20554. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

44 U.S.C. Chapter 36; 47 U.S.C. 151 

and 154; and Sections 504 and 508 of 

the Rehabilitation Act, 29 U.S.C. 794. 

PURPOSES OF THE SYSTEM: 

The ECFS collects comments and 

related data or metadata received by the 

FCC, whether electronically through the 

ECFS via an internet web-browser, by 

mail, by hand delivery of paper copy, or 

by other methods, as well as other files 

and records submitted in response to 

Commission rulemakings and docketed 

proceedings, and by the FCC’s 

administrative law staff as the 

repository for official records for 

administrative proceedings. In order to 

comply with the requirements of 

various statutes and regulations, the 

FCC offers multiple avenues through 

which the public can be involved in the 

FCC decision-making process and can 

inform the FCC of concerns regarding 

compliance with FCC rules and 

requirements. Collecting and 

maintaining these types of information 

allows the FCC to be fully informed in 

decision-making, implementation, and 

enforcement endeavors. The ECFS also 

allows staff access to documents and 

data necessary for key activities 

discussed in this SORN including 

analyzing effectiveness and efficiency of 

related FCC programs and informing 

future rule and policy-making activity, 

and improve staff efficiency. Records in 

this system are available for public 

inspection. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals and representatives of 

groups, companies, and other entities 

who have filed comments as well as 

other files and records in FCC 

rulemakings and docketed proceedings 

or other matters arising under the 

Communications Act of 1934, as 

amended, the Rehabilitation Act, or 

related statutes. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Comments received by the FCC, 

whether electronically through the 

Electronic Comment Filing System 

(ECFS) via an internet web-browser, by 

mail, by hand delivery of paper copy, or 

other methods which include personally 

identifiable information provided by the 

filer such as name, home or business 

address, phone number, and/or email 

address. ECFS also collects certain 

network information from a filer and/or 

user submitting information to the FCC, 

such as IP address, geolocation, and 

computer operating system. The system 

also contains other files and records 

submitted in response to Commission 

rulemakings and docketed proceedings, 

and by the FCC’s administrative law 

staff as the repository for official records 

arising out of the conduct of 

administrative proceedings. 

RECORD SOURCE CATEGORIES: 

Information in this system is provided 

by individuals, groups, companies, and 

other entities who make or provide 

comments or other files and records in 

FCC rulemakings and docketed 

proceedings, as well as FCC staff. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed to authorized entities, as is 

determined to be relevant and 

necessary, outside the FCC as a routine 

use pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

1. Public Access—Under the rules of 

the Commission, public comments as 

well as other files and records submitted 

in rulemakings and other docketed 

proceedings are routinely available to 

the public—unless confidentiality is 

requested (47 CFR 0.459)—via the ECFS 

and may also be disclosed to the public 

in Commission releases. 

2. FCC Enforcement Actions—When a 

record in this system involves an 

informal complaint filed alleging a 

violation of FCC rules, regulations, 

orders, or requirements by an applicant, 

licensee, certified or regulated entity, or 

an unlicensed person or entity, the 

complaint may be provided to the 

alleged violator for a response. Where a 

complainant in filing his or her 

complaint explicitly requests 

confidentiality of his or her name from 

public disclosure, the Commission will 

endeavor to protect such information 

from public disclosure. Complaints that 

contain requests for confidentiality may 

be dismissed if the Commission 

determines that the request impedes the 

Commission’s ability to investigate and/ 

or resolve the complaint. 

3. Litigation—To disclose records to 

the Department of Justice (DOJ) when: 

(a) the FCC or any component thereof; 

(b) any employee of the FCC in his or 

her official capacity; (c) any employee of 

the FCC in his or her individual 

capacity where the DOJ or the FCC has 

agreed to represent the employee; or (d) 

the United States Government is a party 

to litigation or has an interest in such 

litigation, and by careful review, the 

FCC determines that the records are 

both relevant and necessary to the 

litigation, and the use of such records by 

the Department of Justice is for a 

purpose that is compatible with the 

purpose for which the FCC collected the 

records. 


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87776 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices 

4. Adjudication—To disclose records 

in a proceeding before a court or 

adjudicative body, when: (a) the FCC or 

any component thereof; or (b) any 

employee of the FCC in his or her 

official capacity; or (c) any employee of 

the FCC in his or her individual 

capacity; or (d) the United States 

Government, is a party to litigation or 

has an interest in such litigation, and by 

careful review, the FCC determines that 

the records are both relevant and 

necessary to the litigation, and that the 

use of such records is for a purpose that 

is compatible with the purpose for 

which the agency collected the records. 

5. Law Enforcement and 

Investigation—To disclose pertinent 

information to appropriate Federal, 

State, local, Tribal, international, or 

multinational agencies, or a component 

of such an agency, responsible for 

investigating, prosecuting, enforcing, or 

implementing a statute, rule, regulation, 

or order, where the FCC becomes aware 

of an indication of a violation or 

potential violation of civil or criminal 

law or regulation. 

6. Congressional Inquiries—To 

provide information to a Congressional 

office from the record of an individual 

in response to an inquiry from that 

Congressional office made at the written 

request of that individual. 

7. Government-wide Program 

Management and Oversight—To DOJ to 

obtain that department’s advice 

regarding disclosure obligations under 

the Freedom of Information Act (FOIA); 

or to the Office of Management and 

Budget (OMB) to obtain that office’s 

advice regarding obligations under the 

Privacy Act. 

8. Breach Notification—To 

appropriate agencies, entities, and 

persons when: (a) the Commission 

suspects or has confirmed that there has 

been a breach of PII maintained in the 

system of records; (b) the Commission 

has determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, the 

Commission (including its information 

system, programs, and operations), the 

Federal Government, or national 

security; and; and (c) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the Commission’s 

efforts to respond to the suspected or 

confirmed breach or to prevent, 

minimize, or remedy such harm. 

9. Assistance to Federal Agencies and 

Entities Related to Breaches—To 

another Federal agency or Federal 

entity, when the Commission 

determines that information from this 

system is reasonably necessary to assist 

the recipient agency or entity in: (a) 

responding to a suspected or confirmed 

breach or (b) preventing, minimizing, or 

remedying the risk of harm to 

individuals, the recipient agency or 

entity (including its information 

systems, program, and operations), the 

Federal Government, or national 

security, resulting from a suspected or 

confirmed breach. 

10. Non-Federal Personnel—To 

disclose information to non-Federal 

personnel, including contractors, other 

vendors (e.g., identity verification 

services), grantees, and volunteers who 

have been engaged to assist the FCC in 

the performance of a contract, service, 

grant, cooperative agreement, or other 

activity related to this system of records 

and who need to have access to the 

records in order to perform their 

activity. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

This an electronic system of records 

that resides on the FCC’s network. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records in this system of records can 

be retrieved by any category field, e.g., 

individual name, entity name, 

rulemaking number, and/or docket 

number. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The information in this system is 

maintained and disposed of in 

accordance with the National Archives 

and Records Administration (NARA) 

General Records Schedule 6.6: 

Rulemaking Records (DAA–GRS–2017– 

0012). 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

The electronic records, files, and data 

are stored in a database housed in the 

FCC computer network. While 

comments and other files and records 

are generally publicly available, access 

to certain information associated with 

filings is restricted to authorized 

employees and contractors; and to IT 

staff, contractors, and vendors who 

maintain the IT networks and services. 

Other employees and contractors may 

be granted access on a need-to-know 

basis. The electronic files and records 

are protected by the FCC privacy 

safeguards, a comprehensive and 

dynamic set of IT safety and security 

protocols and features that are designed 

to meet all Federal privacy standards, 

including those required by the Federal 

Information Security Modernization Act 

of 2014 (FISMA), the Office of 

Management and Budget (OMB), and 

the National Institute of Standards and 

Technology (NIST). 

RECORD ACCESS PROCEDURES: 

Individuals wishing to request access 

to and/or amendment of records about 

themselves should follow the 

Notification Procedure below. 

CONTESTING RECORD PROCEDURES: 

Individuals wishing to request access 

to and/or amendment of records about 

themselves should follow the 

Notification Procedure below. 

NOTIFICATION PROCEDURES: 

Individuals wishing to determine 

whether this system of records contains 

information about themselves may do so 

by writing to privacy@fcc.gov. 

Individuals requesting access must also 

comply with the FCC’s Privacy Act 

regulations regarding verification of 

identity to gain access to records as 

required under 47 CFR part 0, subpart 

E. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

88 FR 69180 (October 5, 2023). 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

[FR Doc. 2023–27898 Filed 12–18–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0715; OMB 3060–1139; FR ID 

190754] 

Information Collections Being 

Submitted for Review and Approval to 

Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, as 

required by the Paperwork Reduction 

Act (PRA) of 1995, the Federal 

Communications Commission (FCC or 

the Commission) invites the general 

public and other Federal Agencies to 

take this opportunity to comment on the 

following information collection. 

Pursuant to the Small Business 

Paperwork Relief Act of 2002, the FCC 

seeks specific comment on how it might 

‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ The Commission may not 


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